Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/21/2016

Subject: The Court affirmed that Directive 93/13/EEC on unfair terms in consumer contracts, and Directive 2009/22/EC on injunctions for the protection of consumers’ interests, in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding the use of standard contract terms with content identical to that of terms which have been declared unlawful by a judicial decision having the force of law and which have been entered in a national register of unlawful standard contract terms from being regarded, in relation to another seller or supplier which was not a party to the proceedings culminating in the entry in that register, as an unlawful act, provided that that seller or supplier has an effective judicial remedy against the decision declaring the terms compared to be equivalent in terms of the question whether, in the light of all relevant circumstances particular to each case, those terms are materially identical, having regard in particular to their harmful effects for consumers, and against the decision fixing the amount of the fine imposed, where applicable

Parties: Biuro podróży Partner

Classification: Solidarity - Art. 38 Consumer protection - Justice - Art. 47 Justice: effective

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